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2025 DAILYLAW 31448 (JHR)

PRAKASH PRASAD v. THE STATE OF JHARKHAND

A.B.A./764/2025 · 2025-02-04

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.764 of 2025 ------ 1. Prakash Prasad, aged about 47 years, Son of Sarju Prasad 2. Saro Devi, aged about 46 years, Wife of Shankar Dev Prasad 3. Rangina Devi, aged about 37 years, Wife of Ramji Prasad. 4. Mina Devi @ Meena Devi, aged about 44 years, wife of Prakash Prasad 5. Ramji Prasad @ Ramjee Prasad, aged about 42 years, Son of Saryu Mahto, All are Residents of Village- Koriyadih, P.O. Barsot, P.S. Barhi, District- Hazaribag, (Jharkhand) .... .... …. Petitioners Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. Ashok Kr. Singh, Advocate For the State : Mr. Someshwar Roy, Addl. P.P ------ Order No.02 Dated- 04-02-2025 Heard the parties. Apprehending their arrest in connection with Barhi P.S. Case No.409 of 2024 instituted under Sections 126 (2), 115 (2), 109, 303 (2), 3 (5) of the B.N.S., 2023, the petitioners have moved this Court for grant of privileges of anticipatory bail. Learned counsel appearing for the petitioners submits that the allegation against the petitioners is that the petitioners, in furtherance of common intention with the co-accused persons, attempted to murder the informant. It is submitted that the allegation against the petitioners is false. It is next submitted that there is inordinate and unexplained delay of one and half months in lodging the F.I.R. It is further submitted that the genesis of the occurrence is the dispute between the parties, regarding a drain. It is then submitted that the petitioners undertake that they will not annoy or disturb the informant or the victims or any of their family members in any manner during the pendency of the case. It is lastly submitted that the petitioners undertake to co-operate with the investigation of the case and to furnish sufficient security including cash security. Hence, it is submitted that the petitioners be given the privileges of anticipatory bail. Learned Addl. P.P appearing for the State opposes the prayer for anticipatory bail of the petitioners. Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioners. Accordingly, the petitioners are directed to surrender in the Court below within six weeks from today and in the event of their arrest or surrendering, they will be enlarged on bail on depositing Rs.10,000/- each as cash security and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Hazaribagh in connection with Barhi P.S. Case No.409 of 2024 with the condition that they will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish their mobile number and photocopy of the Aadhar Card with an undertaking that they will not change their mobile number during the pendency of the case and they will not annoy or disturb the informant or the victims or any of their family members in any manner during the pendency of the case and further conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Anil Kumar Choudhary, J.) Animesh/